Loading...
2006-04-19 Regular Meeting KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSIO REGULAR MEETING APRIL 19, 2006 MINUTES "";"' 1E<<:~~\VlIE~ ~ MAY 3 1 2006 BOROUGH CLERK'S OFFICE I. CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR FRIEND on April 19, 2006 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Present Excused Absent Others Present Jerrol Friend - Chair David King Casey J anz Gary Carver Dennis McMurry Brent Watkins Gary Juenger x X X X Mary Ogle, Director Community Development Dept. x X X A quorum was established. III. APPRO V AL OF AGENDA COMMISSIONER WATKINS MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER JANZ, and CARRIED 6-0. IV. APPROVAL OF MINUTES COMMISSIONER CARVER MOVED TO APPROVE the March 15th minutes with the corrections of COMMISSIONER JUENGER expressed concerns over the steepness of the slope in the proposed subdivision and concerns over slope stability regarding Case S06-012. COMMISSIONER CARVER expressed similar concerns, and mentioned that he has been following a recent case in Sitkawhere landslide caused damage to homes and litigation may be directed at the Borough. COMMISSIONER KING SECONDED the motion, and it CARRIED 6-0. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. VI. PUBLIC HEARINGS A. Case S06-014. Request a prelimina,ry:approval, in accordance with KIBC 16.40, of the subdivision of Tract 0, Russian Creek Alaska Subdivision creating Panamaroff Creek Estates, Lots 1 thru 4, U.S. Survey 2539. Location is 1059 Panamaroff Creek Dr., Russian Creek Alaska Subdivision, Tract 0, U.S. Survey 2539, and it is zoned B-Business. P & Z Meeting Minutes April 19, 2006 Page I of8 Staff reported (10) public hearing notices were distributed for this case on March 6, 2006. Staff recommends thIs pl<it be returned to the petitioner for additional information regarding zoning issues as they relate to the provided ADEC compliance issues and the Army Corp approval. If you chose, you can approve it with a list of conditions to clarify some of these outstanding issues which are included in your report. The appropriate motion, as far as staff s recommendation, is; Move to postpone action on Case S06-014 and return the plat to subdivider, in order to provide additional information about onsite wells and septic systems in support of commercial uses and whether the buffer area along Panamaroff Creek may be used for parking and other outstanding issues. COMMISSIONER CARVER MOVED TO POSTPONE action on Case S06- 014 and return the plat to the subdivider in order to provide additional information about onsite wells and septic systems in support of commercial uses and whether the buffer area along Panamaroff Creek may be used for parking or any other uses. COMMISSIONER JANZ SECONDED the motion. Regular session closed: Public hearing open: Lonnie White stated he lives adjacent to this area. He also did a subdivision where there was a 10ft. easement surrounding the salmon stream, and he wants to make sure any decisions made on this stream is consistent. Historically, there was a committee in Bells Flats that they decided the area should be Business zoned because of the water table. They were concerned about getting good water and septic systems in the area, and it is low laying area not far away from where the tsunami came into in 64'. It came up to not 200 yards from this area. Chris Lynch stated she is the agent for Mr. Gondek, and their goal in this proposal is to have four residential lots. They began this process about three years ago and at that time staff recommended they go through the subdivision portion before they attempted a rezone. Two months ago when they submitted their proposal they had mentioned to staff that was their goal and they were instructed to apply for a rezone prior t%r after they submitted the subdivision. The submittal included an engineering review of the property that does indicate that a septic system on each of the four lots is possible. They have been through two years of permitting with the Army Corp of Engineers to make sure all the wetland requirements and all the proper specs from the creek are met. The habitat people have been out there and there are salmon in the stream. The Corp of Engineers permit dictated the size of footprint for the buildings that could be put on there. They started with a lot more lots than what they ended up with just to accommodate and make it a usable site instead of just being a developer to make money. COMMISSIONER FRIEND asked Lynch if the reports from the Army Corp of Engineers on the septic were for Residential and not Business? Lynch stated yes, it was for Residential. The Corp of Engineering permit was separate from the engineering study for wells and septic. Just because the water table is high doesn't mean you can't put a septic in. There can be mound systems to address the water table issue. Lynch said she did well surveys in the area and P & Z Meeting Minutes April 19, 2006 Page 2 of8 has done surveys in Bells Flats for years and the wells in the area seem to be producing water. COMMISSIONER FRIEND asked if she had a fill permit. Lynch stated yes, they do have a fill permit from the Corp and it is very specific. The footprints were called out, they had to give cubic yardages of material, they had to be certain distances away from the salmon streams. She feels it should be a condition of approval to follow the Corp permit. COMMISSIONER FRIEND asked if they gave easements on the stream sides. Lynch said when you have commercial property it is a 50 ft. buffer on both sides of the stream and when it's residential you don't have to have the buffer, but because the wetland delineation that was done and because of the footprint and the fill that was established there is a 50 ft. buffer. The footprint for each lot is 100 x 100. Public hearing closed: Regular session open: Discussion of this case. COMMISSIONER CARVER MOVED TO AMEND the motion to read to re- advertise as the subdivision ofRRllots. The question was called, and it CARRIED 6-0. COMMISSIONER KING MOVED TO INITIATE the rezone of Tract 0 from B-Business to RRl and be advertised and presented at the May meeting. COMMISSIONER JANZ SECONDED the motion, and it CARRIED 6-0. (The question was not called for the original motion.) B) Case 06-010. Request for a rezone, in accordance with KIBC 17.72.030, 17.72.030C, 17.72, 17.18, and 17.21, of Lot 26B U.S. Survey 3098, from RRl- Rural Residential One to B-Business. Location is 2316 Mill Bay Rd, U.S. Survey 3098, Lot 26B and is zoned RRI-Rural Residential One. Staff stated that at the last meeting there was question as to the existing zoning. Staff has spent a significant amount of time researching past zoning ordinances over the past several decades and zoning maps. They have deemed, based on legal documentation, that the property is truly zoned RRl. When they have an incidence like this, legal precedence goes to ordinances that are approved at Assembly level that changes zoning. Sometimes there's a conflict between zoning maps and zoning ordinances so legal precedence goes to the ordinances. Staff re-advertised and re-ran the legal ad and now it is before the commission. Based on the Comprehensive Plan for the area staff is recommending the Commission finds this rezone request does not meet the standards for approval under KIBC 17.72.030 C and should the Commission agree move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Lot 26B U.S. Survey 3098 from RRl to B-Business. COMMISSIONER JANZ MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Lot 26B U.S. Survey 3098 from RRl- P & Z Meeting Minutes April 19, 2006 Page 3 of8 Single Family Residential to B-Business Zoning District. COMMISSIONER KING SECONDED the motion. Regular session closed: Public hearing opened: William Bacus stated the last time he was there everyone wanted to know what he was going to do with the lot, so he said he wants to sell it. He thinks it is a good opportunity to rezone it to Business. Bacus also said all of Mill Bay Road will be Business zoned in the near future. Ken Damm said he works for Associated Island Brokers and he is representing William Bacus on helping him to sell the property. Bacus does have a buyer if it can be rezoned as Business. He doesn't know what the person plans on doing with the property, but he strongly recommends rezoning it to Business. .He was told Mrs. Hall went in to ask for her property be rezoned to Business and was told she didn't have to worry about it because it was probably going to happen anyway and was sent away. Someone should call her to see if that is true because if she does want to rezone it would have helped our case to have her with us, and not sent away. Please vote to rezone this property. COMMISSIONER JUENGER said there is a question about the access. It looks like you go in the school parking lot to get to the back, presumably through the lot itself to get to the back. Ken Damm said Bill is a dirt contractor and he can put a road along side the building. The church has a metal building stored on the backside of the Bacus lot and it has been jointly used by the church and Bacus. The church has also been looking to buy the property. Public hearing closed: Regular session opened: The Commission discussed different aspects of the case. The question was called on the main motion, and CARRIED 6-0. COMMISSIONER CARVER MOVED TO POSTPONE Findings of Fact until the May 1 ih regular meeting. COMMISSIONER JANZ SECONDED the motion, and it CARRIED unanimously. C) Case 06-012. Request a rezone, in accordance with KIBC 17.13, 17.27, 17.72, 17.72.030, and 17.72.030.C, of Lot 1, Sawmill Subdivision from C-Conservation to LI-Light Industrial. The location is 1667 Monashka Bay Road, Sawmill Subdivision, and it is zoned C-Conservation. Staff reported this case was continued from the last meeting because of inadequate adjoining property owner notification that has now been remedied. Staff recommends the Commission forward this request with a recommendation for approval. COMMISSIONER WATKINS MOVED TO FORWARD Case 06-012 to Kodiak Island Borough Assembly with a recommendation to approve a rezone of Lot 1, Block 1, Sawmill Subdivision from C-Conservation to LI-Light Industrial P & Z Meeting Minutes April 19,2006 Page 4 of8 and to adopt the findings contained in the staff report dated February 16, 2006 as "Findings of Fact" for this case. COMMISSIONER JANZ SECONDED the motion. Regular session closed: Public hearing opened Paul Zimmer said he and his wife own the lot closest to the sawmill, and they oppose the rezone. They are concerned about the increased noise and activity from the increased activity that would be allowed with the Light Industrial zoning. There are a lot of construction debris, tires, and rusted metal that was pushed off to the sides of the lots up against the trees. They are concerned about what is in there and how it will affect the water supply and wells. A few years ago, they had their water tested and it came back with traces of zylene and styrene. They're mainly concerned with increased activity and noise, and any contamination to the ground water that might affect their water supply. Doug Pengilly ,who lives at 2063 Island Circle, said he has been to several zoning meetings concerning this property. He feels this case should be postponed because it hasn't been given sufficient public notice. If you won't postpone it, I would ask you to not approve this request. If this is what it is under Conservation, then what's it going to be like under Light Industrial. When it becomes a dumping ground it doesn't serve anyone out here. It scares them because they have wells. They bought their property there because of the Conservation zoning, and ever since they have been fighting to keep it that way. I have read up on Light Industrial and it is pretty scary. Tia Leber, who lives at 2000 Ridge Circle, said Paul and herself are the property owners that adjoin the sawmill property. She said there is an error in the March 15,2006 memorandum on Page 2 of 8, #4 Surrounding Land Use and Zoning. They are to the north of the property and the Sanitary Landfill is to the south. She also stated she is coming from an environmental toxicologist background, and she's very concerned about the water quality there. The property is up gradient of a former lakebed which is feeder for the wells. The Borough tested the wells when Mark Withrow was the service district chairman, and he shared maps and well water quality tests results with her. There wasn't enough information on the organics so she had testing done by National Lab that the EP A uses that showed traces of zylene and styrene, which are degreasing solvents, plasticizers, and things that shouldn't be in drinking water. They're not at high levels, but they were detected. Lieber said her and her husband walked around the property yesterday, and they're concerned about all the empty 55 gallon drums that are labeled hydraulic fluid, gas, and motor oil. Mary Sundberg, her neighbor, had recalled a trailer fire that the Fire Dept. came to fight but there was no water to fight it with, they had to provide their own water. Leber showed pictures of the fill used on the sawmill property that consisted of lumber, stumps, tires, and a lot of dry materials which are pushed up against the trees. She then spoke of the fire dangers from using those things and the barrels as fill. If there is a fire it will be very serious because there isn't water to fight it. It is quite the junkyard with the rusted drums and old trailers. If this is what they do under Conservation zoning P & Z Meeting Minutes April 19, 2006 Page 5 of8 then they would hate to see what they will do under Light Industrial zoning. They are against the rezone. Chris Lynch spoke supporting the rezone and stated the property is down gradient in regards to the water flow. Lynch showed WWII pictures of the area. She said the old lake is now a saturated meadow. Mary Sunberg called in. She lives on Marmot Drive, Lot 8, Block 2, Island Vista Subdivision. She and her husband oppose the rezone. In the past, they have tried to have it rezoned. It is suppose to be Conservation. About two years ago there was a fire that required every fire truck in Kodiak and Bells Flats. There isn't any water to use to fight the fire with, just what was in the fire trucks. If there had been any wind it would have taken the whole neighborhood out, and so they are very opposed to the rezone. Jeannie Dennis called to say she had called in at the last meeting for this case. She has the same concerns as everyone who has spoke regarding this case, but her main concern is the noise, and the traffic has already increased quite a bit. They would like to keep their nice and quiet environment. She also feels the public should have more time to get more facts and to present their case. Chris Lynch stated she is the agent for Mr. Oswalt, and the reason he is applying for this rezone is to bring this property more in line with recommendations of the Comprehensive Plan and the intended uses of this property in the future. This rezone would change the Conditional Use to a Permitted Use, which is more in line with what's going out there. He is intending to use the filled area as outside storage, and he is working with Community Development staff to fill the area. The water tests are part of the record, and the Landfill takes water tests also. Tia Leber said the reason they had their own tests done is the water testing that is on record addresses mostly aesthetics, conductivity, and turbidity. There are some tests of herbicides and pesticides which isn't appropriate to be testing in a non- agricultural community. The testing the Borough had done was not adequate from a toxicology standpoint. Frank Fish, who lives at 2037 Island Circle just south of Marmot Drive, called to say that from his front yard he can see across the meadow. He stated he just found out at 6:45 tonight there was going to be a public hearing on this and would like this case to be postponed or denied because he has seen some of the stuff that has been hauled into the lot. Dave and Mary Sunberg said there is a bunch of garbage going into the fill, and it is not good stuff. Charles Davidson, who owns property on Marmot Drive, stated he's at the other end of the lakebed that's being filled, and he hasn't been notified. He would like this rezone to be postponed until all parties that are going to be affected are notified. Davies also feels that it could drastically affect the quality of his property. He knows the water is supposed to flow that way, but sometimes in high water it might flow the other way. Ogle stated this was heard at the last meeting and the notification areas was 250 ft. Staff felt it wasn't appropriate because of all the public lands that surround the property. It didn't capture independent, private property owners so we expanded it P & Z Meeting Minutes April 19, 2006 Page 6 of8 to 500 ft and it captured two additional property owners. If you wish you have the option to expand the area even more. The ordinance establishes a minimum notification area, but she wanted to make it clear they met the code. Public hearing closed: Regular session opened: The Commission discussed the issues and it was the general consensus the Commission would like more information based on what they have heard at tonight's meeting. They would like all existing packet material for this case put in next months packets. They're also requesting a map that shows all of Marmot Drive, and something that shows the hydrology so they can see where the lake is and how the surface and ground water move there. COMMISSIONER CARVER MOVED TO AMEND the motion on the floor to postpone this case until they receive further clarification including the items they have discussed here. COMMISSIONER JUENGER SECONDED the motion. COMMISSIONER WATKINS stated expanding the notification area The question was called, and the amendment CARRIES 6-0. COMMISSIONER W A TKINGS MOVED TO ADD A SECOND AMENDMENT to the motion to expand the notification area to include property owners on Marmot Drive and its tributaries. COMMISSIONER JANZ SECONDED the motion, and it CARRIED 6-0. The question was called on the main motion, and it CARRIED 6-0. VII. OLD BUSINESS There was no old business. VIII. NEW BUSINESS There was no new business. IX. COMMUNICATIONS COMMISSIONER CARVER MOVED TO ACCEPT communications as presented. COMMISSIONER JANZ SECONDED the motion, and it CARRIED 6-0. X. REPORTS Ogle stated the Comprehensive Plan consultants; Cogan Owen Cogan, who had a second consulting group, the McDowell Group completed surveys throughout the community and villages over the weekend. Ogle thanked anyone who participated in the surveys. The Coastal Management Plan was sent to the State and they have rejected a number of our enforceable policies in Chapter 5 that we could enforce on a local level. They said we don't have the authority, and that State law adequately covers said subject. A lot of them have to do with regulations for streams and anadromous streams. There are already regulations that cover those topics. With discussion with the consultants, the argument is that we feel that State or Federal laws don't address them at the level of our local enforceable policies. Similar situations are happening with other coastal communities, as well as a number of their enforceable policies being rejected. Now she is in discussions with the consultants and anticipate coming back to the commission and Assembly to seek P & Z Meeting Minutes April 19, 2006 Page 7 of8 direction as to whether or not to go into mediation about those policies, and to get the powers at be involved to determine if the State law adequately supports them or not. Ogle also said she has not heard back from the Borough attorney regarding his review of the Transient Accommodation issues with the residential family recreational lodge compound setting idea, whether or not that can meet zoning laws. As soon as she receives it, it will be put back on the agenda and hopefully get it approved and moved on. Ogle also stated the May clean-up is coming up and she encouraged everyone to participate. Meeting schedule: . May 10, 2006 work session at 7:30 p.m. in the KID conference room. . May 17, 2006 regular meeting at 7:30 p.m. in the Assembly Chambers. COMMISSIONER JANZ MOVED TO ACCEPT communications as submitted. COMMISSIONER WATKINS SECONDED the motion, and it CARRIED 6-0. XI. AUDIENCE COMMENTS Charles Davidson stated that he appreciates everything that the Commission has done.He think they will be hearing from more people on this. XII. COMMISSIONER COMMENTS Jerrol Friend thanked Mary for being here by herself. Gary Juenger thanked staff for pulling double duty. VI. ADJOURNMENT CHAIR FRIEND ADJOURNED the regular meeting at 8:45 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION ;f.CJL C-ho.l\ B~~' Jerrol Friend, Chair ATTEST By: '0\1~Qfi \~I ~ Sheila Smith, Secretary Community Development Department DATE APPROVED: May 17, 2006 P & Z Meeting Minutes April 19,2006 Page 8 of8